Mohammad vs State

1. This application is preferred under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail by the applicant, who is apprehending his arrest in connection with F.I.R. registered as C.R.No.I 227 of 2009 with Kapodra Police Station, Surat for the offence punishable under Sections 409, 465, 477A, 471 and 114 of the Indian Penal Code.

2. Learned advocate Mr.T.R. Savani for the applicant submitted that on earlier occasion, this Court (Coram: Rajesh H. Shukla, J.) vide order dated 21.08.2009 passed in Criminal Misc. Application No.8802 of 2009, granted anticipatory bail to the applicant.

3. Heard learned advocate Mr.T.R. Savani for the applicant and learned A.P.P. Mr.U.A. Trivedi for the respondent-State at length and in great detail. Considering the averments made in the application, prayer for anticipatory bail as setout in the application, more particularly, paragraph 12B, is hereby granted.

4. In the event of arrest of the applicant in connection with C.R.No.I 227 of 2009 registered with Kapodra Police Station, Surat, he shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:

[a] co-operate with the investigation and make himself available for interrogation whenever and wherever required.

[b] remain present at the concerned Police Station on 11.02.2010 between 9.00 AM to 3.00 PM.

[c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

[d] at the time of execution of bond, furnish his residential address to the investigating officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;

[e] not leave India without the permission of the Court and, if holding a passport, he shall surrender the same before the Trial Court within a week;

[f] not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;

5. It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.

6. This order will hold good, if the applicant is arrested at any time within 90 days from today. The order for release on bail will remain operative only for a period of ten days from the date of his arrest. Thereafter, it will be open to the applicant to make a fresh application for being enlarged on bail in usual course, which, when it comes up before the competent Court, will be decided in accordance with law, having regard to all the attending circumstances and the materials available at the relevant time, without being influenced by the fact that anticipatory bail was granted.

7. With these directions, the application is allowed. Rule is made absolute. Direct Service is permitted.

(H.B.ANTANI, J.) Hitesh Top